Defendant shall be punished by a fine of four million won.

The above fine shall not be paid by the defendant.

2. The judgment below's punishment is too unreasonable in light of the sentencing conditions, such as the defendant's age, character and behavior, environment, circumstances leading to the crime, means and consequence, and circumstances after the crime, etc., in light of the following factors: (a) under favorable circumstances in which the defendant led to making efforts to recover mountainous districts, such as the confession and reflect of the crime in this case; (b) the first offender; (c) the planting of trees; and (d) the area of mountainous district conversion is not significant; and (e) some trees planted for removal of facilities or recovery are dead.

3. Since the appeal by the defendant is well-grounded, the judgment below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following is ruled again after pleading.

[Discied reasoning of the judgment] Criminal facts and the summary of the evidence admitted by the appellate court and the summary of the evidence are the same as the stated in each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 53 subparagraph 1 of the Mountainous Districts Management Act, Article 53 and the main sentence of Article 14 (1) of the Mountainous Districts Management Act, the selection of fines for criminal facts;

1. Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. Articles 70 (1) and 69 (2) of the Criminal Act concerning confinement in a workhouse;

1. The decision on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act is based on the same reasons as indicated in the decision on the allegation of unfair sentencing on the grounds of sentencing.